Cheating on grounds of admission

RAJESH CHOPRA (Querist) 10 March 2013 This query is : Resolved
Sir,

I paid a hefty amount to a person who promised to get my child admitted in a professional college under management quota. The person cheated me and finally did not get admission and is not returning my money. I have lodged a police complaint but no action is taken by police for last 4 months to register any case for want of written evidence. I have proof in form of video film made while giving money and recorded conversation in which he has admitted the amount taken for the purpose and also few sms text messages. Pls suggest a legal remedy to get my cae registered. what other remedies do I have

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Kiran Kumar (Expert) 10 March 2013
move a Criminal Complaint before the Area Magistrate through some Local Lawyer.

however, you may approach higher police authorities as well but it may not solve your problem, better option would be to approach the court directly under the relevant provisions, as advised by your local lawyer.

Devajyoti Barman (Expert) 10 March 2013
Since the object was not legal one, no relief lies for this cheating.

Advocate M.Bhadra (Expert) 10 March 2013
Giving of bribe is also an offence,however if you have supported evidence on which court may rely then you can file a Criminal Case u/sec.420 Cr.P.C.in Magistrate Court.Civil Suit does not lie.

Kiran Kumar (Expert) 10 March 2013
415. Cheating Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat". Explanation- A dishonest concealment of facts is a deception within the meaning of this section.

Illustrations

(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats. (b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats. (c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing. that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats. (d) A, by tendering in payment for an article a bill on a house with which A keeps on money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it.A cheats. (c) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats. (f) A intentionally deceives Z into a belief that A means to repay any money that Z may led to him and thereby dishonestly induces Z to lend him money. A not intending to repay it. A cheats. (g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money for Z. A cheats.

416. Cheating by personation A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation- The offence is committed whether the individual personated is a real or imaginary person. Illustration (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.

Kiran Kumar (Expert) 10 March 2013
clearly a case of cheating is made out, however, it depends how your lawyer presents the facts before the Hon'ble court.

Devajyoti Barman (Expert) 11 March 2013
The job undertaken by the person was itself not legal one.
Here the question is not the status of the person but the object of job undertaken.